ADITYA RAJ Vs. STATE

JUDGEMENT

(1.) The present bail application is filed under Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code')on behalf of the petitioner for grant of regular bail in FIR bearing no. 0653/2022 dtd. 18/10/2022 registered under Sec. 354C/354D/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at P.S. Punjabi Bagh.

(2.) The present FIR was got registered under Sec. 354C/354D/506/34 IPC at P.S. Punjabi Bagh on the basis of complaint made by the complainant/prosecutrix/respondent no. 2 (hereinafter referred to as 'the complainant/prosecutrix') wherein it was alleged that the complainant/prosecutrix in 2016 was studying in Ganga International School, Hirakundna and met the petitioner being her senior. The petitioner and the complainant/prosecutrix became friends. The complainant/prosecutrix in 2017 took admission in Amity International School, Saket, Delhi for pursuing higher studies and was staying in the school campus hostel. The petitioner in 2016 proposed the complainant/prosecutrix for a relationship with her. The complainant/prosecutrix initially refused for relationship with the petitioner as she wanted to focus on her studies. The petitioner continued to follow the complainant/prosecutrix and the complainant/prosecutrix subsequently accepted the proposal of the petitioner. The petitioner and the complainant/prosecutrix used to talk with each other on social media. The petitioner became over possessive and insecure towards the complainant/prosecutrix which was affecting studies of the complainant/prosecutrix and due to this reason, the complainant/prosecutrix did not want to continue with her relationship with the petitioner. The petitioner also once threatened the complainant/prosecutrix outside the library in her college. The petitioner also started to call and message classmates of the complainant/prosecutrix and other people in her college. The petitioner sent a suicide note addressed to the parents of the complainant/prosecutrix on 23/6/2022. The petitioner also sent a video on 6/7/2022 depicting attempt to suicide by him. Pushpanjali, sister of the petitioner also used to call the complainant/prosecutrix and threatened the complainant/prosecutrix to come back in a relationship with the petitioner. The petitioner on 7/8/2022 called the father of the complainant/prosecutrix and threatened him and also abused the complainant/prosecutrix. The petitioner also hacked social media account of the complainant/prosecutrix. The petitioner also retrieved contacts of the complainant/prosecutrix and texted them various troublesome and obscene messages and pictures of the complainant/prosecutrix. The petitioner also asked the complainant/prosecutrix for sexual favour for him. The petitioner also uploaded indecent pictures of the complainant/prosecutrix on social media. The complainant/prosecutrix also made other allegations in her complaint which resulted into registration of FIR.

(3.) The petitioner prayed for grant of bail on grounds that the petitioner is a young boy aged about 24 years with clean antecedents. The petitioner is preparing for Civil Services and is having deep roots in the society and belongs to a family of government servants. There is no likelihood for the petitioner either fleeing from justice or absconding if granted bail. The petitioner and the complainant/prosecutrix became friends in school and after completing school, they started to meet each other on regular intervals. The petitioner and the complainant/prosecutrix entered into a relationship only after the complainant/prosecutrix attained the age of 18 years. The complainant/prosecutrix also sent love letters to the petitioner. The complainant/prosecutrix wanted to marry the petitioner and even proposed the petitioner for marriage but the petitioner was preparing for civil services and asked the complainant/prosecutrix to wait for some time. The complainant/ prosecutrix along with family members started to threaten the petitioner to marry her otherwise the petitioner would be implicated in a false case. The present FIR was lodged on the basis of false, frivolous and baseless allegations. The complainant/prosecutrix made false and fabricated allegations in her statement under Sec. 164 of the Code only to falsely implicate the petitioner in the present case. The complainant/prosecutrix made different statements in complaint, statement under Sec. 164 of the Code and MLC. The complainant/prosecutrix also refused for internal examination. The complainant/prosecutrix along with her family members in a pre-planned manner gave criminal colour to a consented, loving friendship and misused the provisions of POCSO Act. It is not established that the complainant/prosecutrix was below the age of 18 years at the time of incident. There is delay of more than 5 years in registration of the FIR and as such is afterthought. The petitioner is in judicial custody since 13/11/2022. The charge sheet has already been filed after conclusion of investigation. The petitioner is ready to submit himself to any condition/conditions to be imposed if bail is granted and the petitioner shall not misuse the liberty to be granted to him. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with the evidence. The petitioner raised other pleas for grant of bail.